[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14020-14022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04810]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0141; FRL-9786-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; the 2002 Base Year Emissions Inventory for the Delaware 
Portion of the Philadelphia Nonattainment Area for the 1997 Annual Fine 
Particulate Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to the Delaware State 
Implementation Plan (SIP) submitted by the State of Delaware, through 
the Delaware Department of Natural Resources and Environmental Control 
(DNREC) on April 3, 2008. The SIP revision pertains to the 2002 base 
year emissions inventory for the Delaware portion of the Philadelphia-
Wilmington, Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment 
area. The 2002 base year emissions inventory was submitted to meet 
nonattainment requirements related to the Delaware nonattainment area 
for the 1997 annual fine particulate matter (PM2.5) national 
ambient air quality standard (NAAQS). EPA is approving the 2002 base 
year emissions inventory in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on April 3, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0141. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Delaware Department of Natural Resources 
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, 
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 19, 2012 (77 FR 69399), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of the 1997 annual PM2.5 attainment demonstration, 
analysis of reasonably available control measures (RACM) and reasonably 
available control technology (RACT), the 2002 base year emissions

[[Page 14021]]

inventory, contingency measures, and the motor vehicle emission budgets 
(MVEBs) used for transportation conformity purposes for New Castle 
County in Delaware. In this final rulemaking action, EPA is only taking 
final action on the 2002 base year emissions inventory portion of the 
November 19, 2012 NPR. EPA will be taking separate action on the 
remainder of the NPR which includes the approval of Delaware's SIP 
revision for the attainment demonstration, the analysis of RACM/RACT, 
contingency measures, and MVEBs.

II. Summary of SIP Revision

    The PM2.5 2002 base year emissions inventory submitted 
by DNREC on April 3, 2008 for the State of Delaware includes emissions 
estimates that cover the general source categories of point sources, 
nonroad mobile sources, area sources, onroad mobile sources, and 
biogenic sources. The pollutants that comprise the inventory are 
nitrogen oxides (NOX), volatile organic compounds (VOCs), 
PM2.5, coarse particles (PM10), ammonia 
(NH3), and sulfur dioxide (SO2). Discussions of 
the emissions inventory development as well as the emissions inventory 
can be found in the April 3, 2008 SIP submittal, a technical support 
document, and in the NPR available on line at www.regulations.gov, 
Docket No. EPA-R03-OAR-2010-0141. EPA has reviewed the results, 
procedures and methodologies for the base year emissions inventory 
submitted by DNREC. EPA found the process used to develop this 
emissions inventory for Delaware is adequate and meets the requirements 
of section 172(c)(3) of the CAA and EPA guidance for emission 
inventories. Specific requirements of the 2002 base year emissions 
inventory and the rationale for EPA's action are explained in the NPR 
and will not be restated here. No public comments were received on the 
portion of the NPR relating to the 2002 base year emissions inventory.

III. Final Action

    EPA is approving the 2002 base year emissions inventory for the 
1997 annual PM2.5 NAAQS as a revision to the Delaware SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 3, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action pertaining to the Delaware 2002 base year emissions 
inventory for the 1997 annual PM2.5 NAAQS may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 14, 2013.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding at 
the end of the table an entry for 2002 Base Year Emissions Inventory 
for the 1997 annual fine particulate matter (PM2.5) standard 
to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e)* * *

[[Page 14022]]



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                                                                State
Name of non-regulatory SIP revision   Applicable geographic   submittal      EPA approval date      Additional
                                              area               date                               explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2002 Base Year Emissions Inventory   Delaware-Philadelphia-       4/3/08  3/4/13 [Insert page          52.423(c)
 for the 1997 annual fine             Wilmington,                          number where the
 particulate matter (PM2.5)           Pennsylvania-New                     document begins].
 standard.                            Jersey-Delaware
                                      nonattainment area.
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0
3. Sec.  52.423 is amended by adding paragraph (c) to read as follows:


Sec.  52.423  1990 Base year emissions inventory.

* * * * *
    (c) EPA approves as a revision to the Delaware State Implementation 
Plan for the 2002 base year emissions inventory for the Delaware 1997 
annual fine particulate matter (PM2.5) nonattainment area 
submitted by the Delaware Department of Natural Resources and 
Environmental Control on April 3, 2008. The 2002 base year emissions 
inventory includes emissions estimates that cover the general source 
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise 
the inventory are nitrogen oxides (NOX), volatile organic 
compounds (VOCs), PM2.5, coarse particles (PM10), 
ammonia (NH3), and sulfur dioxide (SO2).

[FR Doc. 2013-04810 Filed 3-1-13; 8:45 am]
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